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SJTU Regulations on Student Appeals
Date:2019-01-14 Clicks:

 

(This is a translation of the official version in Chinese沪交学〔201731; in case of any discrepancy, the Chinese version shall prevail.)

 

Chapter One: General Provisions

 

Article 1 To standardize the student appealing process, to guarantee the objectivity and impartiality of the handling of student appeals, and to protect the legitimate rights and interests of the students, these regulations are hereby formulated in accordance with the “Provisions on the Administration of Students in Regular Institutions of Higher Education” and relevant laws and regulations.

 

Article 2 The term “appeal” in these Regulations refers to requests from the students to review their cases by submitting their arguments and evidences on their disagreeing to the punishments or handling result made by the University.

 

In case the students believe that the University, the faculty and/or staff of the University violates their legitimate rights and interests, such as personal rights and property rights, they can directly appeal to the relevant University offices or litigate according to the laws. Under such circumstances, these regulations shall not be applicable.

 

Article 3 These regulations are applicable to postgraduate and undergraduate students of Shanghai Jiao Tong University who are receiving regular higher education.

 

Article 4 When lodging an appeal, the students shall stick to the principles of seriousness, conscientiousness, and honesty.

 

While handling the appeals of the students, the University shall adhere to the principles of openness, justice, seeking truth from facts and correcting mistakes whenever discovered.

 

Chapter Two: Appeal Handling Authority

 

Article 5 The University sets up the Student Appeal Committee to handle the appeals from the students.

 

Article 6 The Student Appeal Committee consists of the University leaders in charge, heads of the functional offices of the University, as well as faculty/staff and student representatives. The chair of the committee should be the University leader in charge, while the members should be from relevant University offices, such as the Discipline Inspection Committee, Undergraduate Affairs Office, Student Affairs Office, Graduate School, Security Office, and Legal Affairs Office, as well as faculty/staff and student representatives.

 

While handling specific appealing cases, the director of the Committee may appoint five to thirteen members to form the Appeal Panel in accordance with these rules and designate one of them as the Executive Director of the Panel. The Appeal Panel should have an odd number of members.

 

Article 7 Persons falling under any of the following circumstances shall not be appointed as members of the Appeal Panel:

(a) Persons working in the office that made the decision of handling or disciplinary punishments against the student.

(b) Any stakeholders involved in the appeal.

 

Article 8 The Secretariat of the Student Appeal Committee is affiliated to the Legal Affairs Office of the University Office. The Secretariat is responsible for receiving and organizing the student appeals.

 

Chapter Three: Appeal Receiving

 

Article 9 Regarding the following decisions or punishments that concern their rights and interests, students who hold disagreements may file a written appeal to the Student Appeal Committee within 10 days from the date of receiving the written decisions:

(a) Warning, serious warning, recording a demerit, probation, expulsion and other disciplinary punishments.

(b) Cancellation of admission qualification, cancellation of student status, and dropout.

(c) Other decisions that can be appealed in accordance with relevant laws, rules and regulations.

 

Article 10 When a student files an appeal, he/she shall submit an application to the Secretariat of the Student Appeal Committee, and attach a copy of the decision made by the University as well as relevant evidences. The written appeal shall specify the following information:

(a) The appellant's name, class, student ID and other basic information;

(b) The matters, grounds and basis of the appeal;

(c) The appellant’s signature and date of application.

 

Article 11 Upon receiving the written appeals from the student, the Secretariat of the Student Appeal Committee shall conduct formality examination of the materials and handle the cases accordingly:

(a) The Committee shall accept the case, if it conforms to the appealing scope and the materials submitted are complete.

(b) If the case conforms to the appealing scope, but the materials submitted are incomplete, the appellant will be given 3 days to make supplementation. Appellants who fail to do so shall be deemed to have withdrawn the appeal.

(c) Cases that do not conform to the appealing scope shall not be accepted.

 

Article 12 When the appeal is received, the appellant shall be asked on whether he/she wishes to apply for a hearing. If the appellant applies for a hearing, the appeal shall be reviewed in accordance with relevant regulations governing the hearing of the appeals.

 

Chapter Four: Review of Appeals

 

Article 13 Once the Secretariat decides to accept the appeal, the Student Appeal Committee shall be formed in accordance with Article 6 of these regulations. The Committee shall review the proposed appeal and reach a conclusion within 15 days after receiving the written appeal and inform the student of the conclusion. If due to complicated circumstances, the conclusion cannot be reached within the prescribed time limit, it can be extended for another 15 days with the approval of the University leader in charge.

 

Article 14 During the reviewing process, the Student Appeal Committee has the right to make necessary inquiries and investigations on matters concerning the appeal.

 

Article 15 The Student Appeal Committee usually deals with the appeal by reviewing submitted documents, or organizing a hearing upon the request of the appellant.

 

When handled by reviewing documents, the Student Appeal Committee shall also inquire the parties concerned and conduct necessary investigations.

 

The hearing shall be conducted in accordance with relevant regulations and procedures as prescribed in Chapter Five of these regulations.

 

Article 16 The Student Appeal Committee shall review the case and make decisions in accordance with different situations as follows:

(a) If the Committee deems that the decision is made based on the principles of clearly ascertained facts, explicit evidence, precise judgment, justified procedure, and appropriate punishment, the original disciplinary decision shall be maintained.

(b) If the Committee deems that the facts, basis or procedures are improper, it shall put forward suggestions for revocation or alteration of the original disciplinary decision, require relevant offices to conduct further investigation, and report the matter to the University president's executive meeting or special session for decision.

 

Article 17 The Secretariat of the Student Appeal Committee shall timely deliver its written decision on the appeal to the appellant. In case the student refuses to sign the receipt of the decision, the service may be made by leaving it at a prescribed place. If the student has already left the University, the decision can be sent via mails. For those that cannot be reached, an announcement shall be published on the University website.

 

If delivered via announcement, after 15 consecutive days from the date of publishing the announcement, it shall be deemed that the decision has been delivered.

 

Article 18 During the appeal process, the original decision shall generally continue to be implemented. However, disciplinary punishments such as cancelling admission qualification or student status, and withdrawal or expulsion from the University shall be suspended.

 

The Student Appeal Committee may, if necessary, suggest the University to postpone the implementation of relevant decisions.

 

Article 19 The students may withdraw their appeals by submitting a written application before any decision is made. The Secretariat of the Student Appeal Committee shall stop the review after receipt of the application withdrawal request.

 

Article 20 If the students have any objection to the review decision, they may file a written appeal to Shanghai Municipal Education Commission within 15 days after receiving the decision.

 

Chapter Five: Hearing Regualtions and Procedures

 

Article 21 The chairperson of the hearing shall be appointed by the director of the Student Appeal Committee from members of the Appeal Panel.

 

Article 22 The chairperson shall perform the following obligations:

(a) Determine the time and venue of the hearing;

(b) Determine the postponement, adjournment, or conclusion of the hearing;

(c) Inquire participants of the hearing;

(d) Receive and review relevant evidences;

(e) Maintain the order of hearing, warn anyone who violates the discipline, and order severe violators to leave.

 

Article 23 The chairperson shall perform his or her duties of presiding over the hearing in an impartial manner and guarantee that the parties concerned exercise their rights of statement and defense.

 

Article 24 Other participants shall attend the hearing on schedule, observe the order, honestly answer the chairperson's questions, and adduce evidence in accordance with the laws.

 

Article 25 Before the hearing begins, the hearing clerk shall confirm whether all the participants are present and announce the hearing disciplines.

 

Article 26 The hearing shall proceed in accordance with the following procedures:

(a) The chairperson announces the commencement of the hearing and introduces the case;

(b) The appellant makes a statement of the facts, grounds, evidence or basis, defends himself or herself, and presents relevant evidentiary materials;

(c) The offices and persons involved in decision-making reply to the complainant's statement of facts, grounds, evidence or basis, and present relevant evidentiary materials;

(d) With the permission of the chairperson, participants make cross-examination of relevant evidence and raise questions to the witnesses present;

(e) The parties concerned make their final statements;

(f) The chairperson announces the closing of the hearing.

 

Article 27 The hearing clerk shall record the entire hearing process.

 

The transcripts shall be signed or sealed by the appeallant and the attending staff from the relevant offices.

 

Article 28 After the hearing is closed, the Appeal Panel shall make a decision on the appeal.

 

Article 29 Upon the request of the student for a hearing, the Appeal Panel shall notify the student of the time and venue of the hearing. If the student fails to attend the hearing without proper reasons, he or she shall be deemed to have withdrawn the application.

 

Chapter Six: Supplementary Provisions

 

Article 30 These regulations come into effect on September 1, 2017, and the original “SJTU Regulations on Student Appeals” shall be simultaneously abolished.

 

Article 31 These regulations are subject to interpretation by the Legal Affairs Office of the University Office.

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